[2005]DLCA6639May 27, 2005Court of Appeal

TOGBE MANKLALO DAGADU III & 19 OTHERS vs. AGBOTADUA ATAKLI & 2 ORS.

FARKYE, JA This judgment is in respect of an Interlocutory appeal against the ruling of the High Court Ho, dated 14th April 2003. The facts of this case are that the Plaintiffs/Respondents on 11th December, 2001 issued a writ of summons against the Defendants/Appellants claiming:— (1) Declaration that by the proper and true construction of the two Powers of Attorney dated 18/9/70 and 14/7/88 respectively, the attorneys thereof have no title, right or authority to alienate title of any Fievie tribal land by sale, lease, gift, mortgage or otherwise. (2) Declaration that the purported sale, lease or alienation of any Fievie tribal land by the defendants herein under the said Powers of Attorney was Ultra Vires the powers granted them and is therefore null and void and of no effect. (3) An order for accounts to be rendered by the defendants. (4) An order revoking the Powers of Attorney dated 18/9/70 and 14/7/80[s] respectively. (5) General Damages. In this judgment the Pla.....